4 ms·

So? You have to accept the software license agreement to use the software in the car. Esp 'self driving' software.

by csdreamer7 8y ago

Semaphor 8y ago
In Germany you'd have to accept those tos before buying, otherwise they are void (or something similar)
- TomMarius 8y ago
  That makes zero sense. Does Windows EULA not apply to me if I buy an used computer? I don't think so.
  - kuschku 8y ago
    EULA are basically void in Germany anyway, so I don't think the distinction matters much.
  - thecatspaw 8y ago
    If you buy a used computer, the windows license doesnt transfer with it. Ignoring that however, you cannot be bound by a EULA that you receive _after_ signing a contract. If you receive the eula before or with a contract, it may be valid
    - TomMarius 8y ago
      OEM license does transfer. If you choose to use the product, why shouldn't you be bound by the license?
      - thecatspaw 8y ago
        Because at the time of purchase you havent been given access to all terms.
  - tjoff 8y ago
    I don't think Windows EULA apply to you even if you buy a new one. You didn't sign anything. In fact, maybe it was your friend helping you to setup your computer that pressed "accept".
    - TomMarius 8y ago
      In EU pressing accept is legally binding, along with other forms of agreement like gentlemen (handshake) agreement, over phone, etc. I can open a bank account by pressing accept.
      - tjoff 8y ago
        Source? I certainly need to digitally sign something like that. Also opening a bank account might not even require something legally binding. Just that the bank will refuse service if you don't obey their rules. (and if you abuse it you are most certainly committing fraud anyway) In any event it doesn't apply here. Because noone can tell who pressed accept. edit: Also, if you open a new account as an existing customer that's because you've agreed to the terms previously and identified yourself by logging in.
        TomMarius 8y ago
        I wasn't talking about being an existing customer. This very month I opened a bank account in another EU country using a scan of my EU ID and driving license and then applied for a 20k EUR loan, without digitally signing (or normal signing) anything, their nearest branch is around 1k km far. Just a video phone call where I shown them my ID next to my face, the scans, and a code that I got over sms and entered into their website. The banking regulation requires a legally binding contract for all banking services. There is a loan service called Zonky that literally doesn't have a physical branch, it's all online, no digital signing as well; it's a P2P service (I used to invest there) and the people using it have zero idea what a digital signature is. I'm not saying you're wrong, but this explanation seems weird to me. If I get someone to accept instead of me, can I then abuse the software legally and they can't even (legally) revoke the license? That is very weird. What about Netflix accounts, is my girlfriend not bound by the ToS when I was the one who clicked Agree, and thus she could legally rip their content and share it? Very weird.
  - code_duck 8y ago
    A EULA basically never applies, so yes, you’re incorrect.

So? You have to accept the software license agreement to use the software in the car. Esp 'self driving' software.

Semaphor 8y ago

In Germany you'd have to accept those tos before buying, otherwise they are void (or something similar)

TomMarius 8y ago
That makes zero sense. Does Windows EULA not apply to me if I buy an used computer? I don't think so.
- kuschku 8y ago
  EULA are basically void in Germany anyway, so I don't think the distinction matters much.
- thecatspaw 8y ago
  If you buy a used computer, the windows license doesnt transfer with it. Ignoring that however, you cannot be bound by a EULA that you receive _after_ signing a contract. If you receive the eula before or with a contract, it may be valid
  - TomMarius 8y ago
    OEM license does transfer. If you choose to use the product, why shouldn't you be bound by the license?
    - thecatspaw 8y ago
      Because at the time of purchase you havent been given access to all terms.
- tjoff 8y ago
  I don't think Windows EULA apply to you even if you buy a new one. You didn't sign anything. In fact, maybe it was your friend helping you to setup your computer that pressed "accept".
  - TomMarius 8y ago
    In EU pressing accept is legally binding, along with other forms of agreement like gentlemen (handshake) agreement, over phone, etc. I can open a bank account by pressing accept.
    - tjoff 8y ago
      Source? I certainly need to digitally sign something like that. Also opening a bank account might not even require something legally binding. Just that the bank will refuse service if you don't obey their rules. (and if you abuse it you are most certainly committing fraud anyway) In any event it doesn't apply here. Because noone can tell who pressed accept. edit: Also, if you open a new account as an existing customer that's because you've agreed to the terms previously and identified yourself by logging in.
      - TomMarius 8y ago
        I wasn't talking about being an existing customer. This very month I opened a bank account in another EU country using a scan of my EU ID and driving license and then applied for a 20k EUR loan, without digitally signing (or normal signing) anything, their nearest branch is around 1k km far. Just a video phone call where I shown them my ID next to my face, the scans, and a code that I got over sms and entered into their website. The banking regulation requires a legally binding contract for all banking services. There is a loan service called Zonky that literally doesn't have a physical branch, it's all online, no digital signing as well; it's a P2P service (I used to invest there) and the people using it have zero idea what a digital signature is. I'm not saying you're wrong, but this explanation seems weird to me. If I get someone to accept instead of me, can I then abuse the software legally and they can't even (legally) revoke the license? That is very weird. What about Netflix accounts, is my girlfriend not bound by the ToS when I was the one who clicked Agree, and thus she could legally rip their content and share it? Very weird.
- code_duck 8y ago
  A EULA basically never applies, so yes, you’re incorrect.